Morning Ethics Warm-Up, 6/25/2019: The Greatest Morning Warm-Up Ever Blogged!

The movie “The Greatest Story Ever Told” was far from the “Greatest Movie Ever Made,” as the Duke’s casting as a Roman soldier demonstrated vividly.

OK, not really, but it better be good after yesterday’s potpourri never made it off the launch pad due to a series of unfortunate events. I’m using “The Greatest Legal Ethics Seminar Ever Taught!” as a title for an upcoming program I’m writing now, so the rhetoric is on my mind. My teaching partner complained that the title really puts the pressure on us to be outstanding. And that’s the point…

1. Harvard’s new President punts. Of course. The Harvard alumni magazine this month was notably light on criticism of the Ronald Sullivan fiasco, with only two critical letters on the topic, one of which made the suggestion that it might be a “conflict of interest” for someone who is defending a #MeToo villain to also serve as a residential faculty member (what was previously called a “House Master,” but that triggered some delicate students who felt it evoked slave-holders. No really. I’m serious. I don’t make this stuff up. Organizations capitulate to these complaints now, like Major League Baseball changing the name of the “Disabled List” because disabled rights activists complained). It is assuredly NOT a conflict of interest, though, by any definition but an erroneous one.

Deeper in the magazine, we learn that new President of Harvard, Lawrence Bacow, was asked during a faculty meeting about his views on the episode. His response was essentially a Harvard version of Ralph Kramden’s immortal “huminhuminahumina” when “The Honyemooners” hero had no explanation for some fiasco of his own engineering. Bacow said he would respect “the locus of authority,” meaning College Dean Rakesh Khuratna, who fired Sullivan after joining in student protests over the law professor and lawyer doing exactly what lawyers are supposed to do.

So now we know that, not for the first time, Harvard is being led by a weenie. What should he have said?  How about “I am firing Dean Khuratna, and offering Prof. Sullivan his position back. Any Winthrop House students who feel  “unsafe” are welcome to transfer to Yale”?

Most news media gave inadequate coverage to this story, and none, in my view, sufficiently condemned the university’s actions or the un-American values they represent. At least the New York Times is keeping the episode before its readers by publishing an op-ed by Sullivan titled Why Harvard Was Wrong to Make Me Step Down.”

2. Insuring the life of a son in peril. Is this unethical somehow? It honestly never occurred to me. When I had to give a speech in Lagos, Nigeria, one of the most dangerous cites on Earth, my wife tried to take out a policy on my life with her as the beneficiary. I thought it was a good and prudent idea. But in Phillip Galane’s “Social Q’s” advice column, a son writes that he is still angry, decades later, that his late father did this , writing in part, Continue reading

Saturday Ethics Catch-Up, 6/22/2019: “The Rifleman” Whiffs. A Paralegal Spills, The Commies Like Democrats, But Students Hate Pioneers

I am so, so far behind, both here on Ethics Alarms, and elsewhere, like prepping for some upcoming seminars, writing new programs, and trying to get the business and home budgets to work. Last week involved the car dying, getting a new one, enduring a six hour, 17 inning loss by the Red Sox, some lingering new computer glitches, and a major video shoot for which I had to write and refine the script, acquire the props and costumes, and rehearse the actors, then assist the team of seven who handled the shoot itself, all while being sick, and progressively exhausted. (This project would not have all happened without the brilliant and tireless work of my business partner and love of my life, Grace.)

Ethics Alarms was lower on the priority list this week than I would have liked it to have been. I’m sorry.

1. “The Rifleman” Ethics: As I have mentioned here before, “The Rifleman,” the 30 minute TV Western drama, starring Chuck Connors as Lucas McCain that ran from 1959-1962, was all about ethics, with almost every episode teaching an ethics lesson to the Rifleman’s son Mark, played by the charming juvenile actor Johnny Crawford.  I just watched an episode from the show’s final season that I hadn’t seen before. Guest-starring Mark Goddard (best known as the hot-headed young co-pilot in the original “Lost in Space” on ABC), the story involved a charismatic young huckster whom Mark admires but his father distrusts. This causes rare friction between father and son. Eventually, Lucas is proven right: the young man is a liar and a crook who was taking advantage of Mark’s guilelessness.

Mark shamefully but manfully tells his father, “I apologize for being wrong.”

NO! One shouldn’t apologize for being wrong. One  has an obligation to apologize for doing wrong, which includes making a bad decision because of laziness, carelessness, poor reasoning, inadequate analysis, or through some other failing. There is no shame or blame in being wrong in the kind of situation laid out in the episode, however.

Until the final moments, the audience couldn’t tell whether this would be one of the episodes where Chuck screws up, with the lesson to Mark being, “Jumping to conclusions and judging strangers harshly before you know anything about them is unfair, Mark. You were right. I’m proud of you.”

In fact, after Mark apologized, I expected his father to come back with exactly what I just wrote. This was moral luck: Mark had nothing to apologize for.

Boy, I’m never going to catch up if  I let issues jump in line like that… Continue reading

Last Resort Ethics Catch-Up, 6/19/2019

Desperately trying to salvage the day with the next one looking worse, and a lot of important ethics matters being swept toward the falls, were they risk being swamped by rapidly moving events…

1. Great sequence, unethical to make it…Not only was D.W. Griffith a film pioneer and a racist, he was also quite mad. If you haven’t see this sequence from D.W. Griffiths’ “Way Down East,” you must. That’s Lillian Gish on the ice floe, and actor Richard Barthelmess trying to rescue her for real. It was  shot on a frozen river as the ice broke up,  and Gish was really headed over the falls, though they were only a few feet high.  No stunt actors were used; Gish’s hair froze and she lost feeling in her hand from the cold. Her right hand was never quite right after that.

Things like this are what made actors’ unions necessary.

2.  What a mess.  The President’s Secretary of Defense nominee, Patrick Shanahan, resigned from the Acting-SOD role and removed his name from consideration in order to keep his family from being dragged through some awfully ugly mud, very little of which, it seems was of his making or germane to his qualifications for office.

Before their divorce, Shanahan’s ex-wife was arrested after punching him in the face; after the divorce, his son was arrested after attacking and nearly killing his mother with a baseball bat.  The Waltons this wasn’t. Shanahan tried to defend his son after that episode, arguing in a message sent to  his ex-wife’s brother  that his son had acted in self-defense and writing…

“Use of a baseball bat in self- defense will likely be viewed as an imbalance of force,” However, Will’s mother harassed him for nearly three hours before the incident.”

It was expected that Democrats would weaponize the memo against him in hearings, #MeToo-style.

Shanahan told  The Washington Post  that he wrote the memo in the hours after his son’s attack on his ex, before he knew the full extent of her injuries, to prepare for his son’s initial court appearance. He said  never intended for anyone other than his son’s attorneys and his brother-in-law to read it, but, of course, by showing the message to his brother-in-law it was no longer confidential.

Somehow, in a civilized culture, private tragedies like these should not become an impediment to public service. Yet it is hard to imagine how Shanahan thought it would not, since this is not a civilized political culture. Continue reading

Ethics Quiz: The Revoked Harvard Acceptance

Kyle Kashuv is the  Parkland, Florida student who bucked the trend and took the side of the Second Amendment while his fellow students were being hailed as moral exemplars for attacking the NRA and touring the country as vocal and self-righteous anti-gun activists.  While David Hogg and the rest became go-to guests on CNN and MSNBC’s talking head shows, Kashuv  launched a career as a junior conservative pundit, hanging out on Fox News.  Harvard College, which never found a young celebrity it didn’t want to recruit as long as he or she could spell C-A-T, accepted him for its 2023 Class.

Then some text  messages using racial epithets and expressing anti-minority sentiments that  he exchanged with other Marjory Stoneman Douglas High School students months before the massacre “surfaced online.” That means some of his classmates who don’t like his non-conforming politics decided to sabotage his academic aspirations.

Harvard contacted Kyle and demanded that he explain himself.  Kyle resorted to the old “that’s not who I am” trope so well-worn by celebrities and sports figures who have faced public relations crises created by social media posts they made when they were nobodies with a handful of followers. Kashuv’s problem is that in those cases, an adult was saying that he or she was “not the same person” as the foolish child from the misty past, while in his case, he is disavowing who he was just two years ago. Continue reading

The Constitution, Law, Rationalizations And Ethics—One Of These Things Is Not Like The Other, I: The University Of Houston Steals A Photo

Two recent cases illustrate how law and even Constitutional law can be perverted toward indefensible ends if compliance is the only objective, and ethics are left out of the equation. The first case comes to us from Texas, University. of Houston System .v.Jim Olive Photography.

Houston photographer Jim Olive  discovered during an online check of his copyrighted works that the  University of Houston had appropriated one of his photographs and was using it extensively in its  web and print promotional materials. It was an overhead, aerial image of the City of Houston at dusk in 2005 that Olive went to great expense and effort  to produce.  He rented a helicopter, hired a pilot, and utilizing special photography equipment, suspended himself from the helicopter with a harness.

The university admired it, and found the shot ideal for its purposes, so it  downloaded the photo from Olive’s stock library, removed the copyright markings, and did not credit him when they used it. Olive sent the school a take-down letter and a bill, and the university refused to pay. Then he sued, but the university responded  that it has sovereign immunity, and can’t be sued, because he isn’t a citizen of Texas. The Eleventh Amendment reads in part,

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The photographer had no right to sue under the U.S. Constitution unless the school waived its sovereign immunity or the act of using the photograph constituted a “taking” of property, the University’s lawyers  argued. When the trial court sided with Olive, the University appealed.

The Court of Appeals has ruled against Olive, declaring  that the school’s actions wasn’t a “taking.” Not only can’t Oliver sue to be paid for the use of his photograph,  he will have to pay the university’s legal costs.

“It just doesn’t seem fair to me,” says Olive.  I’d say his instinct is accurate, but this is the law: fairness is beside the point. To make the ruling even more disturbing from an ethics perspective, the University has a page on its site directing readers to  report copyright infringements – and also to request permission to use UH intellectual property, like the photograph it stole from Jim Olive,

Nice. Continue reading

Morning Ethics Warm-Up, 6/17/19: Abusers, British Morons, O.J., And A Commie

Good morning.

1. Update! The teachers and the principal responsible for the cruel “award” for the autistic boy (discussed here) are in the process of being fired.

Good.

2. This is what happens when a country doesn’t have a First AmendmentA law goes into effect in Great Britain making it illegal  for advertisements to include “gender stereotypes which are likely to cause harm or serious or widespread offense.” Complaints will be assessed by the Advertising Standards Authority. British broadcasters are bound by the terms of their licenses to comply with its rulings.

The aim, we are told,  is not to ban all gender stereotypes, just the harmful ones, because, said a spokesman,  “put simply, we found that some portrayals in ads can, over time, play a part in limiting people’s potential.”

Right.

Observations:

  • This also shows why progressives in the U.S. see the First Amendment as an impediment to their objectives.
  • Writes Jazz Shaw,

These guidelines don’t provide much to go on. They make reference to images that might suggest women do most of the housework and men being clueless about similar tasks. So I guess you’re no longer allowed to hire a female actress for any advertisements involving vacuuming, filling the dishwasher or operating the washing machine? This should indeed provide new employment opportunities for male actors, but somehow I don’t think that’s what they were going for here. Besides, won’t you just raise a new generation of kids who grow up thinking only men do chores around the house?

Oh, the unintended consequences of controlling what ideas and norms the pop culture can put into people’s heads are marvelous to behold.

  • The best part, you see, is that “authorities” get to decide which portrayals of stereotypes are “harmful.” In the U.S., such a law would be void for vagueness.

I like to keep these kinds of stories within reach when someone arguing for nationalized health care or a death penalty ban uses the “the U.S. is the only first world country that…” tactic. Yes, the U.S. is different.

3. Signature significance for a sociopath. Alternate title: “One more reason to stay away from Twitter.” O.J. Simpson has joined Twitter, saying in a video link,

“Hey Twitter world, this is yours truly. Coming soon to Twitter you’ll get to read all my thoughts and opinions on just about everything. Now, there’s a lot of fake O.J. accounts out there, so this one @TheRealOJ32, is the only official one. So, it should be a lot of fun — I’ve got a little getting even to do.”

And you know what O’J’ does when he decides to get even…

This is signature significance. A normal person in O.J.’s circumstances just doesn’t act like this. Then again, no normal person murders his ex-wife and her boyfriend with a hunting knife.

I don’t understand how O.J. can be active on Twitter and still hunt down the real killer, though…

4. Unethical Quote Of The Month That Doesn’t Deserve The Prominence Of A Stand-Alone Post: Newly Elected Denver City Council member Candi CdeBaca.

“I don’t believe our current economic system actually works. Um, capitalism by design is extractive and in order to generate profit in a capitalist system, something has to be exploited, that’s land, labor or resources. And I think that we’re in late phase capitalism and we know it doesn’t work and we have to move into something new, and I believe in community ownership of land, labor, resources and distribution of those resources. And whatever that morphs into is I think what will serve community the best and I’m excited to usher it in by any means necessary.”

“By any means necessary.”

Yes, she’s a communist. Imagine: Nearly all the communist nations ended up with their economies in ruins, with the larger ones  engaging in murder and political oppression on an epic scale, and this woman proclaims that system superior to capitalism while calling the failed ideology “new.” What kind of American votes for someone like this?

 

 

Saturday Ethics Pick-Me–Up, 6/15/2019: The “Oh, Fine, It’s Afternoon Already And I’m Barely Awake” Edition

Bvuh.

Travel hangover today: I’ll do the best I can…

1. Thank you, loyal commenters, for a yeoman job in yesterday’s Open Forum.

2. Confederate Statuary Ethics Train Wreck update. Now the historical airbrushers (all from Progressiveland, just in case you couldn’t guess) are going after Civil War recreations and commemorative events. The head of the Lake County Forest Preserve in Illinois declared that there would be no more annual Civil War Days event after next  month’s edition, if he gets his way. He doesn’t think Confederate flags should ever be displayed, even in battle recreations. Besides, he wants the event to be retooled so that instead of commemorating the single most important period and struggle in U.S. history, it advances an understanding of climate change.

(Who are these people? How did they get this way? What do we do about them so the cultural damage they inflict is contained?)

The home-grown historical censor also said,

“This has nothing we want, nor should celebrate, nor re-enact. When southern states are being made to tear down every statute representing this racist, murdering chapter of our history, I can’t believe here in Lake County our own forest preserve is preserving and celebrating it every year, and with our tax dollars.”

This deliberately brain-dead approach to U.S. history is working (aided greatly by the atrocious neglect of American history in our schools), and by working I mean promoting ignorance so citizens can be more easily misled. The Wall Street Journal reported that visits to Civil War national battlefields are falling off. Over 10 million Americans visited  Gettysburg, Antietam, Shiloh, Chickamauga/Chattanooga, and Vicksburg  in 1970. They only had 3.1 million visitors last year.

That’s about as many tourists as visited the “Cheers” bar in Boston.

3. Oberlin race-baiting update: in case you missed it, the jury in the Gibson’s Bakery case  hit the college with the maximum punitive damages, capped by law at 22 million dollars.  Continue reading

Ethics Hero Or Ethics Dunce? The Rogue Valedictorian

I couldn’t find an appropriate graphic for this story, so I decided to post this, my favorite photo of anything, ever.

[My mind is made up about this one, but because my brain is fried after my just completed Rhode trip, I’m willing to be dissuaded.]

Nataly Nolastnamebecauseapparentlyshesoldenoughtobeapublicjerk-Buttooyoungtoaccepttheconsequencesofheractions (I wonder what nationality that is?) was the valedictorian  at the San Ysidro High School  graduation ceremonies. All was going well with the young woman’s speech, which, according to the communications director for the Sweet Union High School District, had been duly approved by the San Ysidro school administration, when her oratory suddenly took a dark and unexpected turn.  After expressing gratitude to her friends, family and some teachers at the school, she began using her moment on stage to throw metaphorical bombs and settle scores.

“To my counselor, thank you for letting me fend for myself,” she said. “You were always unavailable to my parents and I, despite appointments….You expressed to me your joy in having one of your students be valedictorian when you had absolutely no role in my achievements.”

Ms. Nolastnamebecauseapparentlyshesoldenoughtobeapublicjerk-Buttooyoungtoaccepttheconsequencesofheractions moved on to attacking the administration staff, for “teaching me how to be resourceful” because, she claimed,  they failed to inform her of scholarships in a timely manner. Then she really got down to it, telling the audience about a San Ysidro teacher who , she said,“regularly” came to class up drunk.  Natalie thanked the teacher sarcastically for warning students about “the dangers of alcoholism.”

With a final coda—- “I hope that future students and staff learn from these examples”—she left the stage to the cheers of her fellow students.

Here is the Ethics Hero argument, which I expect some, especially some  current high school students, to make: Continue reading

Morning Ethics Warm-Up, 6/12/2019: Sorry, An All “Bad Left” Post. Just The Way It Worked Out, I Swear….

Good morning…

A good and long, LONG-time friend whom I forced to abuse his legs through years of bruising choreography comes home from knee replacement surgery today, and I’m feeling guilty. So I need to watch Gene, Donald and Debbie hoof it up, even if you don’t…

1.  This is New York Times punditry. Over the weekend, Bret Stephens, the Trump-loathing token conservative on the Times op-ed team, wrote of the Presient’s generally well-received remarks on D-Day that “he didn’t mean the words he mouthed.” How does Stephens know what the President does and doesn’t mean? It’s the biased news media Catch-22: If the President says something outrageous, they criticize him. If he says something admirable, he doesn’t really mean it.

2. Why is John Dean a witness in the Democrat’s faux-impeachment hearings?  He has no direct knowledge of anything that occurred in the Trump Administration. He’s a disbarred lawyer who has made his living accusing other Presidents—all Republicans—of impeachable offenses.

His appearance as the very first witness to testify signals that this is not a serious inquiry. Continue reading

Comment Of The Day: “Ethics Hero: Robert F. Smith”

So much has happened since I designated the African-American mogul an Ethics Hero for spontaneously  announcing that he would pay off an entire graduation class’s college debt that I almost forgot  about Leslie’s provocatively contrary Comment of the Day. Triggered by the backlash against Oprah Smith’s generosity provoked, Leslie launched a critical barrage against Smith, or what his gift symbolizes. She backed down a bit in a later comment on the thread, but her original post is thought-provoking.

In addition, Leslie gets special credit for the Mansa Musa reference. I would include the Mali ruler in the cultural literacy list except for the fact that our culture almost completely ignores major Islamic historical figures.

Here is her Comment of the Day on the post, Ethics Hero: Robert F. Smith:

Don’t belittle Oprah– she bought everybody KFC. Robert Smith isn’t even feeding anybody. Robert Smith isn’t even teaching anybody how to fish in order to feed themselves for a lifetime.

I’m sure he means well, but I don’t think that paying off somebody’s college loans is helping that person become independent and self-reliant. They’re getting out of the contracts they signed in order to finance their careers. Maybe they’ll remember that and pass the favor on and the world becomes a better place.

Or maybe the college education market will be thrown into MORE disarray with a flood of copycat donations the way it was thrown into disarray by government subsidies and the cost of education will go up AGAIN because students are not responsible for the cost of their education. When Mansa Musa passed through Cairo, he gave away so much gold that the economy collapsed and the next time he passed through, he had to buy it all back to restore the economy. If he wanted to do some good, he should have just helped some poor people. That’s the nice thing about poor people– giving your money to them is fairly harmless. Continue reading